International Forum: America’s “Long-Arm Jurisdiction” Is Too Overbearing

Published in The People's Daily
(China) on 3 August 2012
by Sheng Zhong (link to originallink to original)
Translated from by Stefanie Zhou. Edited by Lydia Dallett  .
The UN Security Council does not prohibit any country from conducting oil trade with Iran, and it also has not officially ordered any country to completely stop its financial cooperation with Iran. America’s long-arm jurisdiction has clear extraterritorial properties, which carry out domestic laws internationally using hegemony and political power.

On July 31, U.S. President Barack Obama announced two new sanctions on Iran; Chinese Bank of Kunlun was also included in the list of sanctions due to business dealings with Iran. In January of this year, the United States, based on the same so-called Iran sanctions resolution, sanctioned China Zhuhai Zhengrong Company without a clear reason.

In order to block the strategic adversary, the United States used numerous tricks: it not only implemented a variety of unilateral sanctions itself, but also tried to impose such unilateral sanctions on third countries to damage the normal economic and trade exchanges among other countries and force them to act according to its orders on the issue of sanction. An example is that the United States used its special status in the international financial system to “exercise jurisdiction over” the economic and financial entities of other countries using its domestic law.

In recent years, the United States has firmly grabbed Iran’s nuclear program, introducing several sanctions outside the resolution of the UN Security Council. According to the standards of international law and the sovereign equality of states, a country has no right to impose its domestic law on other countries, and a country also does not have to comply with the obligations of another country's domestic law. The decree that the United States cited for sanction on Bank of Kunlun this time is its domestic law; no basis can be found in previous solutions of the UN Security Council on Iran’s nuclear issue. The UN Security Council does not prohibit any country from conducting oil trade with Iran, and it also has not officially ordered any country to completely stop its financial co-operation with Iran. America’s long-arm jurisdiction has clear extraterritorial properties, which carry out domestic laws internationally by using hegemony and political power.

China has normal relations with Iran, carried out in the energy, economic and trade fields. It is an open and transparent business collaboration and has no relation to Iran’s nuclear program, does not violate any of the resolutions of the UN Security Council and other international standards, does not damage the interests of any third party, and is completely legitimate. The spokesman of the U.S. State Department repeatedly expressed that sanctions against Iran are “not taken against China,” and will not “change the fundamental nature of [U.S.] cooperation with China on Iran.” This is probably “admission to its own guilt.” U.S. sanctions against China’s economic and financial entities damage China’s interests and offend China’s dignity, and will inevitably have a negative impact on Chinese-U.S. bilateral cooperation.

In fact, China's position on non-proliferation is consistent and clear: firmly uphold the international non-proliferation system and oppose the efforts of any country in the Middle East, including Iran, to develop and possess nuclear weapons. Pressuring sanctions cannot fundamentally solve the Iranian nuclear issue; dialogue and communication is the only way. Together with all parties, positive mediation and peace talks play a constructive role in promoting a negotiated solution to the Iranian nuclear issue. The United States, ignoring concerns on the Chinese side, imposes sanctions on Chinese companies and banks unilaterally over and over, which is not helpful to the unity of the International Nonproliferation System. To deal with the strategic differences in coping with the Iranian nuclear issue between China and the U.S. “aggressively” further contradicts the goal of resolving the nuclear issue of Iran, and is bound to undermine the basis for coordination and cooperation in the Iranian nuclear issue within the international community.

The United States should understand that it cannot "conquer the world.” Washington D.C is too overbearing in that it asks other countries to do this and that out of self-interest, and sanctions vigorously over the slightest unhappiness.


联合国安理会没有禁止任何国家同伊朗进行石油贸易,也没有勒令任何国家完全中断与伊朗的金融合作,美国的“长臂管辖”具有明显治外法权性质,是借国内法推行国际霸权和强权政治。

7月31日,美国总统奥巴马宣布两项继续制裁伊朗的措施,中国昆仑银行因与伊朗有业务来往被列入制裁名单。今年1月,美国就曾同样根据所谓伊朗制裁方案,无端制裁中国珠海振戎公司。

为了围堵战略对手,美国花招百出:不仅自己单方面实施多种制裁,而且试图将这种单边制裁强加给第三国,破坏其他国家之间正常合理的经贸往来,逼迫其他国家在制裁问题上按其号令行事。前述利用其在国际金融体系中的特殊地位,用一国国内之法去“管辖”他国经济金融实体,即是例证。

近年来,美国紧紧揪住伊朗核计划,在联合国安理会决议之外出台多个制裁法令。根据国际法准则,各国主权平等,一国无权把本国国内法强加给其他国家,一国也没有必须遵守他国国内法的义务。而美国此番制裁昆仑银行所援引的法令正是其国内法,在联合国安理会关于伊朗核问题的历次决议中找不到根据。联合国安理会没有禁止任何国家同伊朗进行石油贸易,也没有勒令任何国家完全中断与伊朗的金融合作,美国的“长臂管辖”具有明显治外法权性质,是借国内法推行国际霸权和强权政治。

中国同伊朗有着正常的国家关系,在能源、经贸领域开展正常、公开和透明的商业合作,同伊朗核计划没有任何关系,不违反任何联合国安理会决议和其他国际准则,也不损害任何第三方利益,完全正当合法。美国国务院发言人口口声声表示,对伊朗的制裁“不针对中国”,“不会改变美中在伊朗核问题上的总体合作”。这恐怕也是“此地无银三百两”。美国制裁中国经济、金融实体,损害中方利益,冒犯中方尊严,必然对中美双边合作产生不利影响。

事实上,中国在防扩散问题上的立场是一贯和明确的,坚定维护国际防扩散体系,反对包括伊朗在内的中东任何国家研发和拥有核武器。施压制裁无法从根本上解决伊核问题,对话沟通才是唯一途径。中国同各方一道,积极劝和促谈,为促进谈判解决伊朗核问题发挥着建设性作用。美国方面不顾中方关切,一再通过单边行动对中国企业和银行进行制裁,无助于国际防扩散体系的团结;对中美处理伊核问题的策略分歧“来横的”,更是与解决伊朗核问题的目标背道而驰,势必破坏国际社会在伊核问题上协调合作的基础。

美方应该明白,美国不可能“包打天下”。华盛顿要求别国为美国的私利做这做那,稍不顺意就大搞制裁,实在是过于霸道。
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